Northern Territory Consolidated Acts

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CRIMINAL PROPERTY FORFEITURE ACT - SECT 34

Search warrants

34. Search warrants

(1) A member of the Police Force may apply to a Justice of the Peace for a search warrant.

(2) An application for a search warrant under this section may be made by telephone or other electronic means and section 118 of the Police Administration Act applies, with the necessary changes, in respect of a warrant that is issued on such an application.

(3) A Justice of the Peace may issue a warrant to search any premises if satisfied, by information on oath, that there are reasonable grounds for suspecting that any property liable to forfeiture under this Act or any property-tracking documents -

(a) is or are in or on the premises; or

(b) will be in or on the premises within the next 72 hours.

(4) Subsection (3) applies also to property that is owned or effectively controlled by a person who has been charged with an offence and who could be declared to be a drug trafficker under section 36A of the Misuse of Drugs Act if he or she is convicted of the offence.

(5) A search warrant under this section may authorise a member of the Police Force to do any or all of the following, using any necessary force and with any assistance the member thinks necessary:

(a) enter the premises described in the warrant;

(b) search the premises;

(c) search any baggage, package or other thing found in or on the premises;

(d) detain any person in or on the premises and search the person in accordance with section 35.

(6) A search warrant under this section -

(a) may be executed at any time of night or day; and

(b) subject to section 37, continues in force for 30 days after the day on which it was issued.



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